8 Seconds: Baltimore Police Breaks Silence on Day of Det. Sean Suiter’s Death

Det. Sean Suiter was shot in the back of his head on November 15, 2017 and died the next day of the injuries associated with that single shot.  Officers who responded to the scene, loaded him into a patrol car in attempt to save his life. Save his funeral, none of his brothers in blue have been heard from.

Inexplicably, neither BPD or the FOP union have made frequent appeals for tips from the public to solve the confusing and dead-end case. Nor has the robust city and the police department’s public relations team persisted to keep this open case in the hearts and minds of the public.  Quite the contrary, Det. Suiter has taken on a “he who must not be named” quality.

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Makeshift memorial for Det. Sean Suiter in the lot where he was shot.

The city’s newspaper of record, the Baltimore Sun on March 22 offered readers an update on the Suiter investigation. It did so with the controversial use of a heavy dose of anonymous sources.   Although the sources were not named, most assume they are Baltimore Police officers willing to break their silence on the cold case.  The article focused on debating a popular theory within the department of suicide.

Using five unnamed sources presumably close to the investigation, veteran Baltimore Sun reporters Kevin Rector and Justin Fenton used unorthodox methods in order to update a public thirsty for details.

Baltimore City Police department’s speaks out on investigation of murder of one of its own,  Det. Sean Suiter

 

Commissioner Darryl De Sousa declined to be interviewed for the article published March 22, 2018. The Top Cop’s last comment on the case came during the week he was confirmed to his post. He announced convening an outside panel in mid February to give fresh eyes to the investigation without giving any details despite pressure from media. Gov. Larry Hogan, and the Baltimore delegation to the Maryland General Assembly who has statutory oversight of BPD were not included in the article.

Other people not interviewed: Any member of Det. Sean Suiter’s family, the Medical Examiner, the doctor who treated him, the ambulance driver who transplanted him

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David Bomenka

from the wrecked patrol car during the accident, any of the individuals in the accident en route to the hospital, the Harlem Park residents who were affected by the lockdown, the store owner whose surveillance tape was confiscated by BPD, members of the Consent Decree Monitoring team of the ACLU of MD which is requesting body worn camera for that day -or the only eyewitness – Det. David Bomenka –  just to name a few.

But in remembrance of time honored words of Sec. of State Donald Rumsfeld, we go to battle with allies (sources) we have, not with the ones we want.

Readers’ anxiety was not assuaged since the reporters took no pains to reveal the qualifications of the anonymous sources they did talk to. However, the reporters insist that the five sources combine to have seen the video, talked to people who have seen it, and also have knowledge of statements given to investigators.

Importantly, The Baltimore Sun disclosed that in preparing for the “Exclusive” its sources did not provide them access to view any of the videos, listen to any audio, or view any written documents or photographs.

Deep Diving In

The one person expected to have the most answers is the partner who was with him at the time, Det. David Bomenka.  Regrettably, according to the latest Sun exclusive, Bomenka saw about as much as the rest of us.

  • He didn’t see the shooting.
  • He didn’t see the shooter.

The eyewitness then appears to be more of an ear witness.  The location Bomenka chose for cover did not allow him to see where his partner was or what was happening around him.

According to the Sun, everything that happened in the vacant lot all took place in about 8 seconds, maybe less.

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New News

Suiter and Bomenka split up, and Suiter headed to the lot. It’s not clear why they separated or what was said between the two prior to Suiter walking to the lot.  Sources said that video shows Suiter “pacing” near the lot’s opening before heading into the blind spot, gun drawn, the article claims.

Start the 8 second countdown clock at about 4:30 pm: Shots rang out. Bomenka took cover. WScreenshot (443)e can assume all three came in quick order. Bomenka called 9-1-1. Officers arrive on the scene.  With back up, Bomenka checks on his partner and finds him face down, struggling for this life. Social media picks up scanner call and alerts the public at 4:41 p.m. that a Baltimore City Police officer has been shot.

Entrance and Exit wounds.

According to a 10 year study by the National Institute of Health in 2012, gunshot wounds related to suicide have very specific characteristics. In all honesty, suicide attempts are not something most people would want to get wrong. This is especially true for “Suicide Theorists” in the Suiter matter.  The Sun’s article suggests that Suiter would want to stage his suicide to appear like a homicide in order to provide benefits for his family.  Having a partner nearby, with potential life-saving medical treatment, is one aspect that makes this theory unlikely. The location of the self-inflicted shot is crucial since medical help would likely to arrive within minutes.

Most favorable handgun locations due to effectivenes are as follows:  right temple (about 67%), followed by the mouth (16%), forehead (7%), left temple (6%), under the chin (2%), and body region (1%).  Even if staging his death to appear a homicide, the back of the head is a difficult and peculiar choice.  Suiter would have been just as effective to suggest he was murdered with his own gun with a shot to the forehead.  Better yet, he would have used a random gun, not his service weapon if he wanted to fool the cops.

“..the bullet…entered behind [Suiter’s] right ear and traveled forward, exiting from his left temple. The path of the bullet is not typical of a suicide, some note.

–Baltimore Sun, March 22, 2018

Suiter was discovered face down and his gun was located under his body.

The location the weapon after shooting one’s self is pretty predictable.  In another National Institute of Heath 1999 study, the location of the gun really depends on the position of the body at the time of the shooting.

“The gun had a greater chance of remaining in the deceased’s hand if the person was lying or sitting when the gunshot wound was received”.  In this study,  the location of the gun also depends on the gender.

In 69% of the cases, the gun was on or near the body but not in the hand (i.e., touching the body or within 30 cm of the body). The gun was found >30 cm from the body in the remaining 7% of cases. In the case of handguns, the gun was found in the hand in 25.7% of individuals.

Other “new news” include that the initial reports to look for an “injured suspect” was unfounded.  The two instances of blood at the scene was  was attributed to an animal and from a person they cleared as being not related to the case.

The last clarification the Sun offered was that the bullet that killed Suiter was discovered on Monday, Nov 20,  five days after the shooting. It was “embedded in the dirt” in a yet to be disclosed location relative to where his body was found.  Results of the autopsy gave investigators insight into where to look for the fatal bullet.

Old News

  • Det. Bomenka provided a suspect description of a black man wearing a black jacket with a white stripe based on a person he said that he and Suiter both saw 20 minutes before the shooting.
  • Three shots were fired from Suiter’s gun, including the fatal shot.
  • Suiter’s clothes were dirty and disheveled clothing suggesting a violent struggle.
  • Suiter’s radio was still in his hand, although under his body.
  • Suiter’s voice was heard on a radio transmission.

Finally, Mayor Catherine Pugh was not mentioned in the article, but continues to express confidence in Commissioner Darryl De Sousa. In early March, she mentioned that the panel he is convening to look into BPD corruption would also include Suiter.  She recounted conversations she has had with his widow and that the family wants the truth.  Still Mayor Pugh nixed the state’s offer of a commission to review corruption related to newly disclosed criminal activity organized by members of BPD’s Gun Trace Task Force.

Suiter worked closely with Gun Trace Task Force (GTTF) officers and was notably scheduled to be a fed witness the day he died.  The Sun’s article did not delve into witness intimidation or executions associated with recent trials as potential theories for a motive behind Suiter’s death.

The  Shropshire, Wells et als, court case is credited for bringing down GTTF and in January struggled with witness intimidation concerns.  The judge took extraordinary measures to restrict cell phone use.  A former BPD member who was a Philadelphia police officer and who is currently awaiting trial is being held in custody because of threats.  The court determined that Officer Eric Snell had threatened the life of the children of ex-GTTF officer Det. Jamell Rayam when he was scheduled to testify as government witnesses.

If actions fall true to form, BPD will hold a late Friday press conference pronouncing the end of the investigation and the case solved.  “We couldn’t find the assailant” they’ll likely say because “Suiter committed suicide.”  With those few words, BPD will move toward clearing their record for a dangling unsolved murder of one of its own.  It will also leave every resident doubtful that BPD could or should be ever trusted to investigate itself.

Also likely, The Baltimore Sun will regrettably look back on its decision to pave the way for the “suicide” declaration with its use of anonymous sources,  And when it’s too late, recognize that in doing so – see its role in delaying  justice for Det. Sean Suiter and his family.  And Kevin Rector and Justin Fenton won’t have the cover of anonymity.

The Case for Disbanding BPD

The emotions swirling around the search for a solution to the ills of Baltimore Police Department range from disillusionment to detachment.  Politicians favor the nonstarter debate of turning state control of the department over to the city. Others seek to disband BPD in the mode of Camden N.J., not knowing exactly why Camden is not a model to follow.

Simply put, Baltimore cannot do what Camden did, but not for the reasons you might think.

First though, consider this undeniable fact. We all suspect Baltimore’s Police Department is rotten to the core.  It might not be.  But in this case, perception is reality.

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Sketch drawing by Tom Chalkley of former police detective Momodu Gondo in orange jumpsuit as witness against his co-defendants, fellow police officers.

A law enforcement department requires the trust and compliance of those it serves to recognize its power. Baltimore Police has bankrupted any small reserve of goodwill that remained after the death of Freddie Gray and its subsequent “investigation.”

It has only been days since the guilty verdicts of police officers who were running a robbery, extortion and drug dealing operation – but only while in uniform. The Gun Trace Task Force cloaked as an “elite” special operations squad, instead served themselves mostly conspiring to steal overtime while committing heinous crimes.

Regrettably, a choreographed cacophony of warmed over questions from the media and canned responses from those in power, reflected none of the urgency that those awaiting the verdict expected and experienced.

“Journalists” asked:

  • “What does this mean for BPD?”
  • “How does BPD move forward after the verdicts?”
  • Are you satisfied with the verdicts?
  • Does the government expect more indictments?

People watching were asking:

  • What the fuck?
  • Why not just start over from scratch?

Disgust, Disband, Discard

After hearing in harsh detail how the department serves as a racketeering front for a criminal enterprise requires more sobering questions. The verdict from Monday, February 12th confirmed what many people have been shouting about only to have their cries fall on deaf ears.  Baltimore Police Department is a criminal enterprise.

An impartial group of 12 Marylanders:  eight white women, one Asian woman and three black men unanimously found 2 officers guilty of knowing taking part in a conspiracy to using their power as membership in the Baltimore City Police Department to carry out their crimes.  The jury was pulled from the state and not merely from Baltimore City.

Let’s not forget that six other officers told a judge they are guilty and decided to forgo any pretense of a trial.  These officers had shown up for work on the day they were arrested. They were not on desk duty as punishment for any bad behavior.  These officers were not home, suspended while complaints were being investigated.  They were armed with guns and unfettered power up until the second the feds stepped in.

The jury has spoken: Baltimore Police Department cannot police itself.

A House Divided Against Itself Cannot Stand

While President Abraham Lincoln coined the phrase in 1858 during his campaign, it bears remembering that it was in 1860 that Maryland took over the Baltimore Police Department with the help of a radical group of nationalists. Most will recall that Baltimore was a stronghold for the Union, but the state of Maryland was generally considered a Confederate sympathizer.

” Dear Maryland General Assembly, the Civil War is over, and the North won. It’s time to give Baltimore its police department back.” – Councilman Brandon Scott

-Baltimore Sun OP-ED February 28, 2017

The Know-Nothing Party, with it’s “America First” rally cries captured only but a single state, Maryland, with it’s presidential push. It is certainly time to be on the right side of history and reject the sole success of the xenophobic party (the shame of Maryland) and return control of the state’s most diverse city to the people who live here.

The most radical proposal to date simply does not go far enough.  There have been calls to move control from the state legislature to Baltimore City Council. Impassioned activists spoke to city council in 2016.  However, House Bill 1504 designed to do just that, died in committee in March 2017.

In support of the bill, Baltimore City Councilman Brandon Scott and Maryland State Delegate Curt Anderson penned an editorial pointing out the “insanity of the Baltimore Police Department being a state agency” in announcing legislation designed to put the department under the city’s control. This was the concern before it was confirmed the BPD was acting as a front for an organized crime syndicate.

Camden is not a Model City

Reorganizing Baltimore Police by disbanding the existing structure and creating a new citizen-led organization has no model to follow.  Police departments have disband due to cost and duplication of services, resulting in a consolidation.

The City of Camden is often brought up by media as a praiseworthy example of a high crime area that turned itself around by disbanding its police.  But for many reasons, it is not a model to be used for Baltimore.  Camden City Police department for all intents and purposes was folded into an existing agency, the Camden County Police Department.

 

The City of Camden along with others in the county such as Bellmawr, Cherry Hill, Collinswood, Haddon Township and Gloucester Township all are municipalities and have had their own police departments since about 1920s.  Most disbands in NJ is a result of consolidation due to costs of very small departments.

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Politically, state officials had wrestled all power from the city.  In a party tug of war, newly elected Republican Governor Chris Christie was on the surface at least, battling with South Jersey political bosses.  Economic strife impacted Camden’s descisions and similar downturns had Atlantic City considering the same.

An important distinction for Baltimore, that it is an independent municipality and is not seated within a county  (such as being a part of Baltimore County), which  makes it unique.  The city cannot simply use Camden as it model, as it has no county police force to absorb it.

Other factors make what Camden did not comparable to Baltimore, not the least of which are wide variations in population size, budget, demands, not to mention political will to merge BPD even with either Baltimore County Police or Maryland State Police.

The Way Forward

Reaction to the verdicts should be prioritized as follows:

  1. The people
  2. The state legislature
  3. The governor
  4. The mayor
  5. The police commissioner

The people’s voice must be heard. Before any decision is made, and before the mayor and other politicians toss ideas in the trash, recognition of the harm police have done would show respect to the victims.  It might also provide a path forward.

A leader would first listen to the people.  Go to them. Don’t ask them to come to you.  Ask what kind of policing they want to see.  If it’s a 12 or 24 member commission of civilians that run the department, then make it happen. If it’s keeping the department, but turning its reigns over to Baltimore City Council, then work tirelessly to get it done. Both Governor Larry Hogan and Mayor Catherine Pugh must show clear leadership in the most important aspect of their position: public safety.

“The legislature’s control over the Baltimore Police Department is an anachronism that serves no purpose at a time when city residents are demanding accountability and rapid reform. Whether the remedy involves a passing a law clarifying the City Council’s authority to legislate on police matters or taking the department out of the state’s purview altogether, the situation needs to change.”

Baltimore Sun Editorial September 17, 2016

One way forward is to take advantage of the powers contained in the entity created by the U.S. Department of Justice’s investigation resulting in a Consent Decree.  This court order establishes the Community Oversight Task Force (COTF) which is charged with making recommendations to ensure community input as the department includes civilian oversight into its reform process.

The COTF is expected to bring forth its recommendations by March 2018, in time to communicate with the community and make changes before it has to submit its report to the court in June 2018.

Consider that the work the committee has put forth largely took place in 2017, well before the trial and subsequent verdicts.  It likely will focus on returning power and control of BPD to the city, revising the Law Enforcement Officer’s Bill of Rights (LEOBR), and creating an oversight mechanism to hear and rule on citizen complaints.

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From the Department of Justice Consent Decree with Baltimore City Police Department

In short, the COTF recommendations will be reactionary and more importantly likely ignored or discarded.  It’s reactionary mostly because of timing.  Had this group of hard working citizens convened the day after the GTTF trial, they might be more amenable to the recommending disbanding.   It’s not too late though, armed a new vision members could take a new approach.  COTF could pull a Glenn Close and drop the equivalent of the dead rabbit in the state’s boiling pot.

ignored dan

Why ignored?  It will ask for investigatory powers and the staff to do it.  It will distance itself from the existing Citizen Review Board (CRB) that Del. Jill Carter has artfully resuscitated life into.  It will ask for things that can be shot down like ducks in a row.  Subpoena powers that come with exorbitant costs, even if awarded cannot be utilized without a trained staff. Any substantive changes to LEOBR will fall on deaf ears.

The unions negotiating with Baltimore Police simply will not have it. But the union doesn’t have an existing agreement with the yet to be formed Baltimore Police Commission.  Expect immediate and harsh pushback of all FOPs in the state if there is an iota of a chance there is political backing of disbanding for Baltimore.

Baltimore isn’t the first entity in Maryland that suffered from blistering reports of misconduct, mismanagement and racial profiling.

In 2001, a task force addressed many of the same problems within the Prince George’s County Police Department. Crime in PG county made national headline news in the 1990s resulting in a 2004 Consent Decree with the Department of Justice.  Three guesses as to what the initial barrier to reform was in their report.  And you can guess if they are still waiting.

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Prince George’s County Task Force Recommendation

 

 

 

 

Telling Baltimore’s Story: Linking Law Enforcement and Media Coverage

This website was inspired by the events surrounding the death of Freddie Gray, Lor Scoota, and Det. Sean Suiter. It came to be in the wake of the United States Department of Justice’s investigations into racial practices of the Baltimore City Police Department. It is compelled to tell stories in the same vein as the documentary “Making of a Murderer” which alerted the public to the powers held by law enforcement when it used all of its resources to convict Steven Avery as well as the Serial podcast that revisited the murder conviction of Adnan Syed in Baltimore County.

Baltimore’s history is intrinsically linked, perhaps with no rival, to its past.  The United States is defined by no other war than the one between the states.  The age-old issues and conflicts that led brother to fight brother remain unaddressed and therefore unresolved in Baltimore.  Even 175 years since the last shot was fired in the Civil War, Baltimore grapples with the two basic questions:

  • How should black lives be valued?
  • How much power should the city as a local municipalities have?

Twenty years before it was incorporated as a city, Baltimore had a jail,  The jail located at Jones Falls and Madison was primarily for debtors and escaped slaves.  As the nation’s wealth increased, so did its need to enforce its laws. A new city jail was completed in 1808 and the economy of Baltimore was thriving.

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The city’s business was told in its newspapers. There was no shortage of them.  The Baltimore News, The Marylander, Baltimore Sun, Baltimore American, and Baltimore Daily Post all vied to inform the people information needed to become an informed electorate.  Granted the original audience were limited to wealthy land owners and later European immigrants. While the city had the largest concentration of free blacks in the entire United States, the Sun newspaper would not hire its first black managing editor until 2016, 176 years after the paper’s founding.

Welcoming 2018 in Baltimore came with a whimper and not a bang.  A steady drizzle of guilty pleas by detectives who worked in Baltimore City Police Department’s Gun Trace dispelled any pretense that it is merely a few bad apples.  At the same time the distance between the shooting death of Det. Sean Suiter in November and the likelihood of a quick arrest was widening once the FBI decided not to take over the investigation.

Public confidence in the Baltimore Police Department was at an all-time low.  This is speculation of course, since no reputable polling agency, or any of the many distinguished universities had conducted any.  Such is the manner of accountability, public service, and scrutiny that residents have come to expect.

Not willing to let apathy set in, especially for all those wrongly incarcerated in the area jails and prisons, BmoreProjects seeks to shed light in the darkest corners where The Sun fails to reach.